Appellate Division of the Supreme Court of the State of New York October 25, 2012 (People v. Johnson)

The record supports the court’s discretionary upward departure to risk level two. Defendant has demonstrated an extremely high risk of recidivism, and the type of misconduct in which he habitually engages is sufficiently serious to warrant an upward departure to level three (see People v Corian, 77 AD3d 590 [1st Dept 2010], lv denied 16 NY3d 705 [2011]).